The Sun. — London, England, 1826-10-27 00:00:00

of business, .and that the practice observed by every other country Banker, when receiving Bank of Eng -land notes, was followed upon this occasion. It is very true that a year previously to the receipt of the notes, the defendants were served with a notice that .certain notes of a certain value, and with a certain date, were stolen from the plaintiffs; and, perhaps, if the same ;totes bad been presented to the defendants within a rea sonable time after these notices had been given, they might in that. event have been with justice held re sponsible fOr their value. But .that they should be called upon to refund, because they paid away these notes after such a length of time had elapsed from the service of the notices, does appear to us cruelly unjust. It is also to be remembered that the notes were notes of the Bank of England ; the common, hitherto free, legal, and recognised currency of the -kingdom, and in this respect differed very materially from notes of any private however wealthy or however respectable. Until the Bank restriction Act was suffered to expire, a ten der made in Bank of England Notes operated as a legal tender in cash, and in this manner again another encreased facility was given for their transfer from hand to hand, and for their rapid circulation in the same manner_ as gold and silver coin. Surely then we are ,not to require from parties receiving these notes in l'ayinent, the same caution, or demand the same in gidriea as are usually practised, when private paper is put into circulation ? Indeed, it is utterly imprac ticable to trace them *ithout very injurious conse quences to trade, by impeding the progress of business, and shackling with-new conditions the transfer of securi ties, which may be ^ considered as part of the circulating medium of the country. But such will be the effect ofthis verdict. ,It will compel all persons receiving Bank of England notes to inquire into the character and re spectability, not alone of the party paying them, but abl e into that of the previous holder ; and will thus impose the necessity of refusing to accept them in pay ment, if the smallest suspicion is excited. How such a position must affect the negotiability of Bank notes every body must be aware, if any attention is paid by the public to the warning here given. But the truth the verdict in this case will in all probability be dis regarded, for the easy negotiability of Bank of Eng land paper is tar too convenient and necessary to the trailing concerns of the country to be very.materially affected by what must be considered as a rather unad- Vised and hasty decision of a Jury. We should not he surprised if the defendants are advised to move the Court for a new trial, so opposed does the ver dict appear to the force of the evidence given on the tt .Leetere from Port-au-Prince state, that all the American Esta lAssents in St. Domingo, are breaking up, finding it impossible compete with the trade now carried on under the Ilaytiati a t I w itch possessiso great advantages, in respect to duties on her nations. t I4 Porta are i n c i rcu l at i on that an inquiry is about _(.) take relative t o the management of the l as t ` *t'lish Lo an g (1823) which may prob a bly l ea d to goitie utitiOLlS disclosures. THE FUNDS. CITY, Twelve o' Cloth. tilT n i k ± °Mod this morning at 811 2 for account, advanced to t ut , ' "" sre now 81i, sellers, and 811 for money ; there is no 5h,,,.. 44 Of novelty in tle British Funds. In the Foreign Funds f we PPeare a considerable dullness, and the prices of all kinds "628outh American Stock seem on the decline; Mexican are p if Colombian 981 .1. The arrivals per the New York .- a ,, --et I hip give no prospect of any dividend being forthcoming, i s o o ‘ t , the Government at Bogota and the partisans of Pays seem th 4 !"' zi muly awaiting, as if by mutual consent, the arrival of ;)rteLiberator Bolivar, to terminate their differenees. The prospect 4) 1 4 dividend on the Cbilian Bonds being completely destroyed by ; 1 V arrivals , has occasioned a fall of full 2 to 2} per Cent.; iuid . L - eing the present price. Shares are all looking with less life, 7 ,1 2 " e Peetninin on the Real del Monte is lower. Indi: A N P e r Cent. Cowls, 811 i ; Ditto for Account, 81 , 1 2 ; i Cent Bond s , 41 3 pm . ; E xc h equer Bill s , 2fs 6 pm. Ay r : lt t l . s Pcr ael Fu Nns..—Austrian, RI; 13rasilian, 84 5 ; Buenos 44 5 ' 1 " $ ; Chiller', 37 8 ; Colombian, 1824, 381 I ; Itlexi 74iiiter C lot., 52 Si ; Ditt o 6 per Cent., 621 i ; P ortuguese, 114,,, ; Gr selE, 12 Russian, 84} 5 ; Spanish, 11 i. . 13 i 11 ,C lee-- -Anglo ex ii an, 40 95 dia. ; United Mexican, 12 I pk g . 7'..1.1"atc0 Peruvian, 141 131 di e . ; Real del Monte, 100 IgL ' 'Am ; 'Amos, 110 pm. Tlalpuxahna, 45 pm. ; Braeilian, 11 i te Ptn. 1 B olivar, 2 4 pm. • Ca' a Ho, 211 die. , Two o' Cock. Ntetzine 11,11%1° " , 2, and 811 for Mon e y ; 4 per Cents. ; ,1 ' 30 62 i; 3 ; Russ ian, ColoBsmbian, 4 ; Chilian, .37, 3 1 3; ; and 38 Spanish, 11 Peru- TIIREB O' CL o CX. Fouls, 81i 2. ..., , (` n o CLOCK —CLOSING PRICES. ' ° " B ° l 3 81i bo f Danish Bonds 59 B . ' 3l ' Ac. 81i 2 Greek Do. 1825 134 B.7l4ilian Bonds 65 Mexican Do. 1825, 6 3 11- nenos Ayres Du. 63 Peruvian Do. Chilian Do. 37i Russian Do. 85 Columbian, 82 i nI 2 , 1- -." -- I . ssnish Do. 110- ......_..L-T......__,...1tt,........ia....,...._ - SHIPPING INTiLLICCENCE. LLOYD'S.—(Tuts f lat ) Dean,, OCT. SO.—Wind N. W. --Arrived and sailed for the River the Verula, from Jamaica; Jane, Tuff, fro ditto; `Wood -11.14.10J Lamb, from ,Sierra Leone; A , +,. an d. 444 V tic* Vigilant, Zilei ' , 6l4 ", anti Britannia, - from Malaga. Arrived from London the "Ozeb, Owen, for Jamaica ; Naples packet, Walsh, for Napl es • eth Strucker, for Tobago ; Caledonia, Rule, for New South tr'hilee • William Manning, Smith, for St. KIW I ; liussaren, for ,Cepie; alaphyra, Powell; fro th Antigua ; Black River. packet, A 4 g,er) for Jamaica ; Peter Proctor, Fuller, for Dommicia..-- 4 440 d and,remain the Mary, Watson, from the Isle of France ; h i . l _ ll Alia, from Quebec. In the course of the day the wind has sti-7,inelining to northward, and most of the outward-bound have km - 1i the Partridge, Cato, Matchless, Humaren, several brigs, p 'emit! from the . South Seas , remain. fair' tykourn OCT.lb.—Wind W.S.W. to W.--Arrived the . 0 • th 4 l le, Kent, from Porto Rico; Betsey, Johns, from Meas_tha t , lacit i b, r, Cargo; and the Shamrock of Liverpool, from the Wes ts l :7l„ ; Majesty's ship Forte haat put back. It blew a heavy lifet;" 1.11 1 a great part of last night : all the shipping rode in ~ ,4 . tlotlrekourtr, OCT. 20.—Wind N.W.—Arrived the L'Hiron ,ll4 V 4 , 4, from Dunkirk ; and Diligent., Ivioneke, from Bremen. 'bin 4 J e ltra ship Sybille returned from quarantine, and is come "hour s" • l 'eo 1 ) cT. 26.—Wind N.W.--Arrived the Eliza, Dem on , thatra; off the Port the Suffolk, Endriott, from Batavia. NitivlTNlptroot., ()CT. VS.—Arrived the William Thompson, from 0 4 , c 'tk ; Hannah, Crowther, from Halifax; Eliza, Search_ '', t4 New Orleans; Lord Melville, from Alexandria; 44 p kY Qa ! , 40 •Pria, from Tricots; J Crouman, from Carth agena ; ftn, Massing, from Maliga. fiLAW INTELLIGENCE. I COMA)? KING'S BENCH; ari r. Der.) eitirerrns N. MAYO W AND C6RIMICATION 6F LONDON. Mr. CHITTY opened the pleadings. Mr. SCARLITT stated the Case.—The plaintiff, Mr. Joseph Griffith!, was a builder, and the present action was brought against the distinguished body, which in this place was thought almost supreme, for the recovery of 1,043/. The dispute arose respecting the extra charges for the building of the new Courts of Law at Guildhall; the sum claimed was above 4,0001.; the defendants had paid about 3,000/. leaving the sum now sought to be re covered unpaid. Had this case been ripe for trial, it ought to have been tried the very first during these Sittings— had it been but out of compliment to the defendants, whose power was almost boundless. The LORD CHIEF-JD/MIMS sloubted the capability df this Court to try a ease against a body so distinguished and powerful !--(Laughter.) Mr. Scanutrr was certain that if the walls of this building had ears they would listen with great attention, and feel highly interested in the result of this trial, but for his own part he had no objection to any course of investi gation. The sum his client sought to recover was a se rious amount to him, having been expended by him in work, labour, and materials found and supplied to the de fendants. The SOLICITOR-GENRRAL lied no objection to have the case inquired into out of C ourt . His LORDSHIP certainly thought this was one of those cases he had always considered much better settled in a place where more time could be devoted to it than it could have here. The SOLICITOR-GENERAL said his defence would ariee principally on the construction of a deed, and therefore if the case were to be referred, he hoped it would be refer red to some gentleman at the bar who would•loyk into the deed. Mr. ScARLETT observed, that if it were to turn on the construction of the deed, without reference to the int portant facts of the cue, he did not think that the Court's time would be . misemployed in t ry i ng i t . H owever, if it were to be-referred, the cause would of course be referred, together with all matters in dispute. The LORD CHIEF JUSTICE was quite willing to act as the-bar should think fit. His only desire was to admi nister justice in the best and most satisfactory way. After a short conversation between the counsel, it was agreed to rofkr the. cause, &c., to some person out of Court. The RECORDER was also retained as counsel by the de fendants, and he observed, that the plaintiff and defendants were no strangers to each other at the time the COntritet, out of which the dispute arose was entered into, for he was then himself one of the body corporate. Verdict for the plaintiff, subject to a reference. HAWSE AND OTHERS V. CROW AND OTHERS. Mr. CAMPBELL opened the pleadings. Mr. GURNEY stated the case. It was an action for the recovery of the value of 50 casks of tallow, which the de fendants had possessed themselves of in the character of assignees of a person of .the name of Ratnsbottom. Messrs. Hawse were lately very. considerable soap manufacturers, and also dealers in tallow, in London. On the Bth of March, in 'the last year, they entered into a contract to sell to Mr. Ramsbottom 100 casks of tallow at the price of 425. 6d. per cwt. Fourteen day's notice was to be given by the sellers before the delivery of the tallows. Notice was given by Messrs. Hawse of 80 casks, and thut notice expired -on Friday the Ist of April; thatbeing Good Friday, it went over till the next day ; in the forenoon of the next day Mr. Ramabottom went to the counting-house of Messrs. Hawse, and requested an order for the tallows, producing a cheque on the Bank of England foi the sum of 14001. Messrs. Hawse then observed that was not enough, to which Mr. Ramsbottom replied the difference was but small, and would give it to Mr. Hawse next day on 'Change, and upon which an order was giVen for the tallow. There was rather a curious circumstance attending the cheque given by Mr. Ramabottom; he had written the name of Messrs. Hawse, bankers, across the Cheque, the effect of which was that the amount was to be paid to the bankers, and to them only and therefore it would postpone the payment by the Batik of England. Messrs. Hawse sent the cheque to their hankers, Messrs. Lubboek and Co., and in the evening received notice that the cheque was dishonoured. Upon recejving notice of it Mr. Hawse, jun., went to the wharf of a person of the name of Brown, where the tallow. were deposited, to stop the delivery of them, but found he wall too late, as the tallow. were not then in hiehanda. They however had got into the hands of Mr. Crow and another, as the assignees of Mr. Ramsbottom ; and Mr. Gurney considered the question Would be, whether this was not fraud practised on the plaintiffs. In his opinion the de fendknts had no right to hold the Wimp, the plaintiffs har ing *a right to demand their return. Another considera tion would be, whittler Mr. Ramabottom, at the time he gave the cheque. for the fourteen hundred pounds, could have supposed it would have been paid, be cause it was drawn upon the Bank of England at a time when the whole of his funds in that establishmen aaaaa .•••• amounted to only 40s. He had purchased other quanti ties of tallow from different persons, and had given .heques of a similar nature for th em , i n the whole amounting to upwards of 3,000/. When Mr. Ramsbottom became bankrupt, his debts were considerable, and the whole of the assets he had to meet them with were not more than 701., not enough to work the commission. After his bankrtiptcy, he never appeared on 'Change; part of the tallow had been got back, and the recovery of the 50 re maining casks was for the consideration of the Jury. Fretwell, a tallow-broker, entered on the Bth M arc h, into a contract for th e p urc hase of the tallows in question, on behalf of Mr. l %—msb,ottom, with the authority of the plaintiffs and Mr. Ramsbottom. Benjamin Hawse, jun. son of one of the plaintiffs, and nephew of T. Hawse.--His father and uncle carried on the huffiness of tallow and soap-merchants; on the 2d April Ramsbottom came to their counting-house; believed no tice had been given of the intention to deliver the tallows on the let 'April; this was Good Friday; when he came he asked for the orders of the tallow which he had bought ; he presented a cheque on the Bank of England; witness believed the cheque produced Was the same; it was paid to Lubbock & Co.; witness's father, upon the cheque being presented, said, it was not money. enough ; Mr. Rams bottom said he would give the remainder on 'Change that day; witness's father upon. that gave the order; the order produced was the same; witness's father took the cheque himself to the bankers, witness in the evening received the cheque back from them as dishonoured; witness upon receiving the cheque back went to Brown's wharf, where the tallows were; enquired whether the tallows w ere in their name or not; in consequence of the answer given, witness directed the tallows not to be delivered to any one ; he was told the tallows had been transferred, but not delivered. Upon his cross-exam in ation by Mr. SCARLIRTT, wit a letter from Rams bottom; 'witness had not seen M r. nein reme m b ere d hi s father rece iving Ramsbottom since his bankruptcy. Bankof England, and re. ‘ 1 " 1 c heque produced to the „ .f.itle,_enrz Whitaker, a clerk of Lubbock and Co.'s present. ceived for answer "no effects. " Henry Dixon a clerk in the Bank of England—Mr. of April,. t he credit Rarnsbottom 'apt an account there; on Saturday the 2d 182 6, ha had 21. 161. 6d. due to of his account; this was the whole of the balance on bim; recollected ache cheque of his having been prese nted _ that day for 1,400/. paid; the Bank of 4 1 hich was not standing to England never pay cheques unless it has effects. Py Mr. Scanurrr--The Bank of England kept a cheque-book with r los 1" ' -- "' ' S account; had not looked to Mr. R.'s account previous to April; did not know that . Mr. R. was in the habit of drawing out large sums, an d paying them back on the same day; knew nothing of the state of the account more than stated. John Willis is clerk at Nt -...t. Browne's wharf ; on the 2d of April, 1825, there were th en 8 0 ask , o f tallow , tinned c ed in the order now produced at their wharf; the men order wa s l o d ge d w i t h his Principals on the 2d of April, ti4l d • 3)3 !t:!:. 3r(l ' ahof l ;t re tti ll 'o l Oh . ;en : Haw se, bin. called. Mr. Il.sen.;'On the MOnAy fohowing about tea, to give a notice that the wharfragers should not deliver the tallow agreeable to the &def., as it . had been obtained fraudulently; 50 casks were delivered, and the other 30 remained in the warehouse still. - By Mr. ScaaLETT—The 50 casks were delivered to Mr. Crow, upon the order of a Mr. Forrester. The wharfingers held 80 cash of one •mark, and one of another. The wharlingets refused to deliver the remaining 30 to the plaintiffs on Mr. Forrester l e order. Mr. Rayner—On the 31st March, 1825, Mr. Rams bottom gave him a cheque; on the 31st Mr. R. purchased 100 casks of tallow of him, and gave the cheque for 50 of them. This Was On a Thursday they were all to have been paid ftir on that day, but lie asked indulgetiee till Sa turday. On Saturday he gave a cheek tot the retnaitting 50, amounting to 7004, on the Bank of England, which was dishonoured. Never afterwards found Mr. R. nor the tallow. By Mr. St Atit.ntik- ,, -Ori the Saturday Mr. R. wished for a few more days, but witness insisted on having the cheque on that day. The first cheque was paid. On Sa urday Mr. R. appeared in a state of great alarm, and, at any rate, wished the cheque not to h e presented till the th* dea or closing &tut: Did not present it earlier. Re-examined —The tallows were sold on the Thursday for cash ; Mr. C. immediately transferred them to a third person, as witness bad understood. This was the plaintiff's case. Mr. Bcititurr addressed the Jury on behalf of the de fendante. Mr. Gurney had rested his case entirely on the supposed fraud of Mr. Ramsbottom, alleging that Mr. R. had never intended to pay for the tallows at the time be bought them. If his (Mr. Scarlett's) instructions, how ever, were correct, he would satisfy the Jury that Mr. R. made a bona fide purchase of the tallowe, that he meant to pay for them, and that he had had every reasonable pros pect of bein g a bl e to make good that intention. With re spect to the small balance that was in the bank on the 2d of April, the Jury must be aware that many customers of the bank had the smallest balances in the morning, which were increased by the middle of the day, and again de creased before the hours of business expired. Mr.' Ramsbottom had been in the habit of paying in largo sums into .the bank, and having them drawn out again, frequently on the. same day. As to the present tallows, when he bought them, be speculated on the rise of the price of this commodity, which speculation, however', failed, and therefore he, as well as niftily other honest men, had been disappointed, and rendered unable to meet his engagements. The fact was, that with respect to the 80 casks which Mr. R. had bought of the plaintiffs, he had immediately after the purchase was made, entered into a contract to sell 50of them to a Mr. Ord, through Messrs. Forrester.' brokers, and which was to have been paid on the 2d of April. This contract having been entered into, Mr. 11. transferred the whole of the 80 casks to Messrs. Forresters ; Messrs. F. then sent an order to the wharf for the delivery of the 50 casks to Mr. Ord, and another order for the remaining 30 to Mr. R.'s account. On the evening of the 2d of April, Messrs. Forresters sent a cheque to Mr. R. for the amount of the 50 casks. By the tune the cheque arrived, Mr. R. had found himself unable to meet his engagements, and determined to commit an act of bankruptcy. Ile therefore sent back the cheque to Messrs. F., and the orders for the remaining 30 casks to the plaintiffs on that very evening. Mr. Ord had not re ceived the .50 casks; the agreement was cancelled ; the 50 casks were left in the hands of the wharfinger, were subsequently owne d b y t h e d e f endants as the assignees of Mr. Ramsbottom, and the question was, who was to have that property. The Learned Connsel contended, that as they had been bought bona fide by Mr. Ramsbottom, the assignees were entitled to them for the general benefit of the bankrupt's estate. Forrester the broker had been in the habit of buy ing and selling for Mr. Ramsbottom; on the 31st March, 1825, sold 50 casks of tallow for him to a Mr. Ord ; had -not then received the order to receive thetallow, but re ceived it on Saturday the 2d of April ; the order was for 80 casks; got the casks transferred at the wharf into wit ness' name ; Mr. It. desired 50 mora casks, part of them to be taken out of another parer], to be sold ; made every effort to sell for the prices stated by Mr. It. the second lot, but could not ; witness gave Mr. R. a cheque for 8001. which included the 7501. the amount of the SO casks sold to Mr. Ord; the amount of the other 50 casks that could not be sold on Saturday, was about the same; when Witness found he could not sell the second 50, he gave him the cheque for the 200/., and returned him the orders for the other SO and 20 casks, which had been transferred into witness's name. On Monday morning following, received a twopenny post letter from Mr. it., enclosing the cheque for 800/. The letter was dated on the 2d of April, stating, that his specula tions having failed fin the former few weeks, he lamented that he found himself unable to go ou any longer. He regretted that some of his creditors would be considerable losers by him, but he felt it a duty to return the cheque for the 800?, observing, that he meant to leave town for a short time, until his affairs were put into some course of inquiry. After this, Mr. Ord found a little difficulty in getting the tallows delivered to him, and he gave up the contract, relinquishing his claim to them. Tho casks were still at the wharf, and lying to the account of the defendants. By Mr. GURNST—Did not know that the casks bad Collie to Mr. Itamsbottom on the very day they were transferred to the name of witness, nor where they came from. • Mr. Ramsbottom had got his certificate; made this contract with Messrs. hawse on the Bth of March, 1825 ; received a no• tice from them on the 18th March, that the plaintiffs would de liver the tams on the Ist of April ; went on the Std to take pos session of them ; had previously *old 50 of the tasks; the markets were then falling. The book produced was the pate book of the witness with the Bank of England. Had not been in the habit of keeping large balances there; the balance on 2d April was from 201. to SO?.; gave a cheque to the plaintiffs f0r1,4001. on the 2d of April, which was not to be delivered till the timing hour of that day; the reason of this was, that witness might have bad an opportunity of lodging fonds in the bank to meet the cheque by the close of that day, as he had expected to be able to do. The order. for the delivery of all the tallow. got from Messrs. Hawse, except for the fifty casks sold to Mr. Ord, witness returned to the plaintiff. on the same evening of the 2d ; authorised Messrs. For rester to sell the 50 in the coarse of that day, as well as the re maining 50 casks. Witness tried also to sell them, and at the middle period of the day certainly did expect to be able to raise money to meet his drafts, • and did not apprehend a failure till late in the 'day. The letter sent by witness to Mr. Forrester, which had been received, returning the cheque, was written on the evening of the 2d of April. Had stipulated with Mr. Forreger to take the sellers' bills of all the tallow., and to pay cash for them on the Saturday, as witness wished to pay for them ' on the 2nd ; but this agreement went off. When witness bought them on the Bth his intention was, an hall always continued to be, till the moment of his failure, to pay for them. By Mr. Gunmer.....-Had been in !mike." about six or eight months in the whole ; his debts were 5,0001. ; believed there were a great deal more than 50/., besides the tallow, at the Wharf, to pay the 5,0001. with ; believed therCyvere more than 100/. ; would swear there was; whines had no house; did not know that he had any merchandise ; had seen a member of his family on the evening of the td April, but received no *civics from that member to commit the act of bankruptcy. Re-examined.—Whil e witness was is hulloe s . b e li ve d w i t h Me father ; his father was Dr. Rametyttcm_ of Br oa d- street . Mr. Quays.. replied.—He had not a doubt of obtaining the verdict of the jury. The real question between the plaintiff's and Mr. Ranuthottom, who it was clear beyond doubt had not had the mean. of paying for the tallow, when he bought them. Mr. Ord had not got the follows; Mr. Forrester had received back his cheque, and therefore they were situated 1111 if they hail had nothing to have done with this transactio n . If under these ciairilcouwral,stlalitineeshinigthine the assignees counsel',werotoie All owe d- to retain the opinion, would be more unjust. The Learned JUDGX summed up. If the Jury should be satis fied that when the bankrupt gave the cheque for 1,4004 to the plaintiffs on the morning of. the 2d of April, he had a reasonable hope that that cheque would be paid at the Bank, then it would appear to the Court that the property bad been properly rested in him; if he had not that reasonable expectation, then, to s a y the least of it, he would have to be considered as having obtainadpes s session of the property f rom th e plaintiff s under circumstances from which he ought n o t t o h ave recei ve d i t, and the verdict w o uld have to be for the plaintiffs..—Verdict f or t h e plaintiff. `4 OLD rIATL , PImStSSIONS.—(Tun DAY.) (Before Mr. Sergesni Ana six and a Middlesex Jury.) STEALING IN A I/WELLING HOUSE. Ak.rander Rain stood indicted for stealing on the 21st of Sept; one watch, value 401. and one gold seal *aloe 2/.; in the house of Wm: Kershaw. The prosecutor stated, that about 10 o'clock, on tb*. morning of the day laid in the itidiettnent, he quitted the breakfast room in order to walk about with his wife in the garden, and left the watch and seals in the room ; he was absent about ten minutes, and on bis return he saw the pri soner in the act ei t her of getting in or going out of the window, he *cited him immediately, and said, you scoun drel, you have robbed me he took him into the stable yard, and witness's little bay oh seeing the prisoner, said, " directly you and mamma went out, that man came in at the window, and I thought he was cleaning it )" wit ness, sent for a constable ; the prisoner said he had come there td sell littions—wherettpan the little boy cried out," I know wliete your leniontare i and where you lost your watch too," he then ran and brought a basket containing lemons, watch and seals, out of the shrubberies, where he said he had seen the prisoner deposit them." Ann ihitehelor examined by the Court.—Was a nursery maid in the prosecutor's family, saw the prisoner on the day in question coming towards the house with a basket in his hand. Henry Fox, the gardener of the prosecutor, saw the prisoner on the day In question after he had been appre hended by his master, heard him say that he had lost bis lemons, and heard the little boy reply " I will bring them to you," which he did accordingly. The basket containing the lemons had the watch also in it. The prisoner handed in a written statement denying having been in the room at all, and alleging that he had come there in order to sell his lemons, when he was taken into custody by the proiecutor. Mr. Serjeant ARAnIN, in summing up, observed that there could be no doubt that a watch, above the value or 40s. had been taken out of the prosecutor's house. If the Jury were satisfied that the . prisoner was the man who had stolen it - they should convict him. The Jury having deliberated for a few moments, asked the prosecutor if it were possible for the child to go into the parlour, when he went for the basket, and take the watch himself ? The prosecutoe replied in the negative. . Whereupon they returned a verdict of Guilty—Death. The prosecutor stated, that the prisoner had lately re turned from transportation, and-that he was - a notorious thief. (Before Mr. Justice PARK and Baron Gaaaow.) Win. Terry stood indicted for stealing one watch and other articles, the property of Wm. Hornsby, in his dwell ing house. Mri. Hornsby, the wife of the prosecutor, resided in Hackney-church-yard; went out about half-past eight on the 29th of September, to fetch water, leaving the front door open; on her return, she saw the prisoner standing. before the chest of drawers, who asked for a pennyworth of apples; she said " You might have knocked, and I should have heard you ;" prisoner then ran off; she missed the watch, which was hanging on a nail, and ran after hirn. He was immediately apprehended by an Officer, and the watch found in his hat; it was identified by the prosecutor. Verdict—Guilty of stealing under the value of 40s. Samuel 'Taylor stood indicted for stealing, on the 2.56 of September, one waistcoat, value 45., the property of John Speerman. It appeared that the prisoner was white washing some rooms in the house of the prosecutor some days previously to the day laid in the indictment, and that he took an opportunity of stealing the waistcoat out of the prosecutor's study, and pawned it for 6s.—Verdict, Guilty - of stealing under the value of 40s. NEW COURT. George Squires was charged with stealing a great coat, the property of Thomas George Pigram, publican, Red Lion, Hil lingdon, on the 12th October.— Guilty. George Jones was eharged.with stealing 2 gowns, 2 shawls, a hat, a silk handkerchief, and an apron, the property of John Fleet wood, publican.—Verdict— Guilty. Eliza Perhine was charged with stealing fire napkins, a pair of stockings, a sovereign, and a abilling, tha•property of Mary Ann Buse. Verdict-. Guilty. Joseph Watson stood indicted fur stealing, nu the lath Sep tember, a saddle and part an chaise harness, the property of Win. Robertson. Verdict— SURREY SESSIONS.-(Tius DAY.) John Comer, a prints in the Royal Artillery, was indicted fur assaulting Ellen, the wife of John Foley...—Verdict— Gstiliy, and sentenced to Brixton for a month. James Ga r dner, was indicted for a violent mimic on Howell Rice, on the 14th of August, at the sign of the Fox and Hounds, Little. Guildford-street. —Fined to viably, and ordered to be imprisoned till it was payed. William Ball, M. Ryan, and Richard':Awe, were ,indicted An. an assault on Joint Saunde►a, an officer of the Court of Requests in the execution of his duty, on the 12th of last August, at Ber mondsey. Verdict— Guilty, and sentenced to six weeks hard labour at Brixton. POLICE INTELLIGENCE. BOW-STREET—(Tnis DAY.) Robert Bailey, Samuel Bailey, Richard Wire, William Wire, Thos. (A!therm, Charles Giles, Thomas Donard, and G. Ramsey, (their Captain) all smugglers, were charged, on the oath of Michael Horn, an accomplice, with the mnrder of Richd. Morgan, one of the Preventive Service men stationed 'at Dover, on the 29th of last July, The evidence was It; complete against all the prisoner, except Giles, list the. Crown Solicitor pressed for a full committal against them, and had just sent for another witness against Giles at the time ws went,,to press. NAVAL INTELLIGENCE. (Front the Plymouth Jowled.) The Pelorus, 18, Capt. Cotton (act.) sailed on Thurs day for the Meditimmean. The Bramble cutter, Lieut. Fayell, arrived on Thurs. day from Portsmouth, and sailed again on Monday, for FalmOuth. The Forte, 44, Captain J. Coghlan, C.`13,, was towed out of harbour on Saturday by the Comet steam-vessel, and sailed on Tuesday to the westward with secret orders. Sho came in again yesterday. The Mutine packet, Lieut. ltd. Pawle, and the She!. drake packet, Lieut. It. Ede, were towed out of harbour on Saturday, and sailed immediately for Falmouth. The Vigilant, Lieut. Meredith, came in on Saturday from a cruise, and sailed in the evening for Portsmouth, with troops. The Leveret tender, Lieut. Bowker,. arrived on Satur day from Liverpool, with new raised men. The Reynard (tender to if. M. S. Genoa, in the Tagus), Lieut. Worth, arrived on Saturday from Lisbon, after a e te tt io in u s e tan prage of 15 days, having left the T a g us on the In HMooE—Britannia, Windier Castle Thetis Rey., nerd, Leveret, Sprightly. At the Island—canielion. In the Sound—Forts. The Cambridge, 82, Captain Mnling; Blanche, 46, Captain W. B. Mends; and Nleisey, 26, Captain J. M. M. Ferguson), are ordered home from the Souti, America,' station to be paid off. i' , ti h ppoint e d to The Romney, 50, Captain N. Loekyer, C.B. was at Corfu on the 17th ult., and was to s a il on the 20th for Spithead. eapPeter 1 o ß n i i e s h , a l r y d h s i , c o h r S SI otoOpn esiiiholuesde,on is commandthetin the . Mediterranean. Capt. R. will proceed in the daae3ti' 1: o lg r c ommand of the Carnelian, until he joins the former If easel when Capt. Cotton will return to his proper sloop. Mr. R. H. Stopford, of his Majesty's ship Cambrian, has been promoted to the rank of Lieutenant, and appointed' to his Majesty's ship Rose. FASHIONABLE IN'TELLIGENCE. The Duchess of Kent, accompanied by the Princess Feodore, and attended by Captain Conroy, honoured Comt-garden Thetitre witn her presence on Wed nesday evening. The Bishop of London paid a visit yesterday to the Duke of York. Sir Henry Halford, Dr. Mac michael, Mr. Macgrigor, and Mr. Simpson, visited his Royal Highness yesterday. For some days put, Sir Astley Cooper has visited the Royal Duke. The Princess Victoria rode out yesterday afternoon, attended by her Governess, in Kensington Gardens, on the donkey presented to the Princess .by her uncle the Duke of York. A King's Messenger was sent offon 'Wednesday evening from the . Foreign Office to Widmer Castle, with despatches for M. Secretary Canning. The Messenger returned to the Foreign Office yesterday. COUNTY WATIRYORD.--MORE PBELERS.--in the Barony of Cashmore.and Cashbrid, thirteen of the County Magistrates have signed a Memorial to the Lord Lieutenant, the object of which is to have an additional force placed at their disposal to curb the in surrectionary movements (as they allege) of the people. This document was not signed in open Court, but in a species of Star-Chamber, lately established. Two Magistrates, one a Protestant, the other a Catholic, refused to sign the requisition. It would appear there never was a more uncalled for measure, the people being as peaceably disposed as in any other part of the kingdom,; but Waterford Magistrates, and Beresford influence and interest., think otherwise, and the people, we suppose, must he dealt with according to law. ,Dublln Evening Post. COVENT GARDEN. We an e mia N. theatre last nigfit, under s strong semis of listlessness and ennui. The play was " Othello —Kean's acknowledged master piece—and we de spaired; therefore, of seeing a representation of the jealous Moor worth attending to. But this—perhaps illiberal—notion, was first combatted, and in part sub ' duel, by Mr. Warde's Othello. Not that we con sider it in any respect comparable to the same charac ter by Kean—but what it wants in passion, it makes up in grace and intellect. It is, throughout, a stately, grand, and consistent piece of acting, more to be ad mired for its general, than for its particular m In the earlier scenes it leaves nothing to be desired ; the preconceived notions of the critic are'all well filled up, till ,the famous dialogue in the third act, com mencing with, " Did Michael Cassio, when you wooed my lady, know of your love?" then—and not till then, the genius of the actor, as if eonscious of its inferiority, droops and cowers beneath the overwhelming phrenzy that is to flow, like hot lava, from itself ; desolating, withering, and annihilating all around it. .Here Kean triumphed, and here Wards fails ; could, we, however, multiply the illusion, and permit one Othello to be personated by two individuals, one to enact the war like, the other the jealous Moor, the representation would be perfect. No one would wish to forget Kean'a affecting farewell, or his tremendous burst of passion that immediately follows it : but all would wish to forget Mr. Warde's recitation of the same part. But, again, where Kean falls short of, Warde surpasses,a manly expectation, impressive dignity, an and gave totally Ot n hello' t s apology with variance with the slip-shod familiarity with which Kean was in the habit of slurring it. over. In fact, Mr. Warde is Othello in repose ; Kean, Othello in a tempest ; and as the tragedy is wholly mole up' of the stirring tor tures of the Moor's mind, it follows, as a logical con sequence, that Mr. %Verde has comparatively Young was the ago of the evening, but the part, t o use a dramatic phr a s e , i s a part of points; and Mr. Young, though he can declaim well, cannot epigram-' *afire, that is, give the requisite effect to shrewd, caustic, and sententious aphorisms. He is too much of a poet to represent ad equa t e l y a man o f the vivid. A floor the tragedy, the well-known 44 Barber of Seville was performed - ; for the purpose of introducing Mr. G. Pennon--'.of whom we have once or twice had oc casion to speak favpumbly—as Figaro. The recep tion which this promising young actor met with, was as flattering as it was deserved. To a great deal of the mercurial vivacity of Harley, be adds a gracefid cheerfulness peculiarly his own ; an d w hi c h, t h ere f ore, sits pleasantly upon him, as if forming « part and parcel"--to borrow a phrase front the. King's Bench— of his very nature. From the first moment of his ap pearance on the stage, and, indeed, throughout his arduous character—(arduous, because it requires cer tain inherent animal qualities, without which study is . ineffectual)—he g ained and p reserve d t h e goo d -w i ll of his audience. His introduction of the well-known Cavatina, Was exceedingly happy, and sun g w ith suc h rich effect, as to call for an enthusiastic encore. Ris bye-play, too, was good, and we are gratified in b e i ng able to add, that his acti on , without being redundant, was as animated, natural, and graceful, as it was possible to conceive. If, aided by these advantages, Mr. G. Nilson fail in rising to the first rank in his line of performance--perhaps, the most novel and po pular of any in the wide range of the drama—he will have none but himself to blame. Of the other, eba. racters, as they are all well known in their respective parts, we forbear to sa More than that they srent through thein with their usual talent. The house was crowded at half-price. THE MARKETS. CORN-E XCIIAN(E. —( is DA ). The supplies of this week are not Considerable. There is scarcely any tine Wheat at market, .anil such rather exceeds Mon day. priees ; in t pther sorts not much doing. In Barley, Beans, an d Pew, no alteration, Oats fully support the term, last quoted, with a good sale for sweet sampler. ARIAIVALL Wheat. Barley. Irirh lersign .... ... I Oats. t 'l o u lip VI. 0.1 ohs. - , I 4,71 X), -- • • sUITIIFIELD MARICET.--(Tnuinewrot i pr 4 This day's mar k et was, on the wh o l e , t hat of a F r id ay, but very deacient of prints shml) a nd ; although th e tra d e with every thing but Viet, whic h looked si l ypplied for little upward s , Lamb, a n d P ork, experienced no evident variation from those of WAS exceedingly the prieeo of Beef, Melton, Monday. te r t o m n: 1 qua 1 1 sit e :: d im i l rt :t o a ... a . . T Sr i : N ti ll 4' ) 1 :1 t 18 4 6°1.1 iir r it ai l l: o4 t u 3 4 7 :t t i:t a l ra :a t e . v . 4 :4 4 :i. i t.a k 1 44 1 1 4 (4i a d tot. d. hitior B. adi t i , •-"' 4 8 e 0 Mime small ditto ..... A 0 A 4 Prime Scots, ate. ..... .... . 0 i 4 L„ r3 . i tivi 4O 4 4 inferior Sheep . ...!: ... -.i 4 s 8 Small Porkers 4 . 0a s Secortd quality ditto.... 3 8 4 0 suck ca0r44,„14a. to na, ea ch. Coarse.woolled .m itia r n r ••: 4 0 4 is Quarter old rigi..les. to 111 e, eat*. Sa u r t,h 1 2 ° "„„ W i t t l 'Iiiii:h Cows has rather implored. An useful five years' '4 " "t r iti"; -- alth her small Calf. was north 231. at Islington pest er. Old shhorttis on — ithdeld to-day there was teiireely a Mitch Cow of soy day,4 - 0 - ii i tt t o merit notice, g iu'--- stt r rET, At yak Ct.tra ter STATaititer. , I Sharp and Limbs. 1 ( l i r . p it 4,020 l ....—. NEWOATE AND LEADENUALL MARKETS. At per atone, by the Carcass. s. d. tor. d. a, d. toe. d. 3 0 4 V Veal f . Mtion 9 U 4 0 Pork ' 3 0 4 0 Lamb 3e. Ocl. to 40, Od. Baum